Page 484 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 10187

c. Explanation.
(1) Enemy. For a discussion of"enemy," see subparagraph 27.c.(1)(b).
(2) In time of war. See R.C.M. 103(21).
(3) Acting without authority to the detriment of another jar the pwpose of securing favorable
treatment.
(a) Nature ~f offense. Unauthorized conduct by a prisoner of war must be intended to result
in improvement by the enemy of the accused's condition and must operate to the detriment of other
prisoners either by way of doser confinement, reduced rations, physical punishment, or other
harm. Examples of this conduct include reporting plans of escape being prepared by others or
reporting secret food caches, equipment, or arms. The conduct of the prisoner must be contrary to
law, custom, or regulation.
(b) Escape. Escape from the enemy is authorized by custom. An escape or escape attempt
which results in closer confinement or other measures against fellow prisoners still in the hands of
the enemy is not an offense under this article.
( 4) 114altrealing prisoners while in a po.<;ition of authority.
(a) Authori(y. The source of authority is not material. It may arise from the military rank of
the accused or-despite Service regulations or customs to the contrary--designation by the captor
authorities, or voluntary election or selection by other prisoners for their self-government.
(b) Maltreatment. The maltreatment must be real, although not necessarily physical, and it
must be without justifiable cause. Abuse of an inferior by inflammatory and derogatory words
may, through mental anguish, constitute this offense.
d. Maximum punishment. Any punishment other than death that a court-martial may direct.
e. Sample .~pecifications.
(1) Acting without authority to the detriment(!{ another for the purpose (?{securing favorable
treatment.
In that (personal jurisdiction data), while in the hands of the enemy,
did, (at/on board-location) (subject-matter jurisdiction, if required), on or about __ 20 _, a
time of war, without proper authority and for the purpose of securing favorable treatment by (his)
(her) captors, (report to the commander of Camp the preparations by , a
prisoner at said camp, to escape, as a result of which report the said __ was placed in solitary
confinement) ( ).
(2) Maltreating prisoner while in a position of authority.
h1 that (personal jurisdiction data), did, (at/on board-location)
(subject-matter jurisdiction, if required), on or about __ 20 _,a time of war, while in the hands
of the enemy and in a position of authority over , a prisoner at , as (officer
in charge of prisoners at__)(__), maltreat the said __ by (depriving (him) (her) of
__) (__), without justifiable cause.

27. A•·ticle 99 (10 U.S.C. 899)-Misbehavior before the enemy
a Text (ifstatute.
Any member of the armed forces who before or in the presence of the enemy-
(1) runs away;
(2) shamefully abandons, surrenders, or delivers up any command, unit, place,
or military property which it is his duty to defend;
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(3) through disobedience, neglect, or intentional misconduct endangers the
safety of any such command, unit, place, or military property;

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